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If you agree to the terms and conditions stated
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ATTENTION VISITORS TO THE SITE:
Please Take A Few Moments To Read These Terms And
Conditions Prior To Using This Web site. These Terms
And Conditions Govern The Use Of This Web site Including
The Purchase Of Any Goods Or Services From It. Should
You Have Any Questions Or Wish To Clarify The Meaning
Of Any Of These Terms And Conditions, Please Contact
Ripe Prior To Using This Web site.These Terms And
Conditions Were Last Updated On 24 April 2002. Please
Check Back Regularly To See The Current Terms And
Conditions.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS
Ripe Web site is owned and operated by First Charlton
Communications (ACN 070 742 871). By accessing,
browsing or using this Web site, you agree to these
terms, conditions and disclaimers as amended from
time to time ("Terms & Conditions")
and acknowledge and agree that you have read and
understood these Terms and Conditions.
By downloading any of the articles on this Web
site, purchasing an item from this Web site and/or
by completing the registration process to become
a member of Ripe ("a Member"), you expressly
agree to be bound by these Terms and Conditions.
AMENDMENTS TO TERMS AND CONDITIONS
Ripe may amend these Terms and Conditions from time
to time. Any amendment will be effective immediately
upon notice by e-mail, conventional mail service,
or any other means of communication, including notification
in this section of this Web site. Your continued
use of this Web site after any amendment becomes
effective constitutes an agreement by you to abide
by and be bound by these Terms and Conditions, as
so amended.
USER AND OTHER INFORMATION PROVIDED BY YOU
You agree to:
- provide certain current, complete, and accurate
information about yourself as prompted to do so
by this Web site; and
- maintain and update this information as required
to keep it current, complete and accurate.
- any order placed by you with this Web site must
contain your name, email address, mailing address,
credit card name and number and the expiry date
of your credit card so that Ripe can process your
order.
All information provided by you when you sign up
to become a Member or which you provide when placing
an order is referred to in these Terms and Conditions
as "User Information". You grant to Ripe
the right to disclose to third parties certain aspects
of your User Information, provided that such disclosures
do not include your name, mailing address, email
address, account number or phone number, unless
you expressly direct Ripe to disclose such information.
You should review the Ripe Privacy Statement for
further information concerning the collection and
usage of User Information.
When you provide any User Information you are representing
and warranting that all of the information provided
is true and correct and are agreeing to indemnify
Ripe for any losses, costs, expenses or damages
that Ripe may suffer if any of this information
is not correct.
You must not transmit or attempt to transmit any
material of any kind to this Web site which contains
a virus, malicious computer code or other harmful
component or otherwise attempt to alter any of the
content on this Web site.
If any User Information provided by you is incomplete
or inaccurate or you attempt to transmit any material
of any kind to this Web site which contains a virus,
malicious computer code or other harmful component
or you otherwise attempt to alter any of the content
of this Web site, or you are otherwise in breach
of these Terms and Conditions, Ripe retains the
right to terminate your rights to use this Web site
and to prosecute you to the fullest extent of the
law.
You consent and agree to the disclosure by Ripe
to any law enforcement agency in any jurisdiction
that is investigating any breach or suspected breach
of any law in any jurisdiction of your identity
or other information provided by you to this Web
site, upon being requested to do so by that law
enforcement agency.
DISCLAIMER
The information contained on this Web site is provided
by Ripe in good faith on an "as is" basis
and solely at your own risk. The information is
believed to be accurate and current at the date
the information was placed on this Web site.
None of Ripe, its related bodies corporate, any
of their directors, officers, employees or shareholders
makes any representation or warranty as to the reliability,
accuracy or completeness of any of the information
or ideas contained on this Web site (including in
relation to any products or services) and none of
them accept any responsibility arising in any way
(including negligence) for errors in, or omissions
from, the information contained on this Web site.
To the fullest extent permitted by applicable law,
Ripe disclaims all representations and warranties,
express or implied, including but not limited to,
implied warranties of merchantability and fitness
for a particular purpose and non-infringement. Ripe
makes no warranty that this Web site, any information
or ideas contained on this Web site or any products
or services advertised on this Web site will meet
your requirements, or that the Web site will be
uninterrupted, timely, secure or error free.
None of Ripe, its related bodies corporate, any
of their directors, officers, employees, shareholders
or any of its Members, while such Members are participating
in Ripe, are engaged in or represent that they are
engaged in rendering any legal, medical, counselling
or other professional advice or services. None of
Ripe, its related bodies corporate, any of their
directors, officers, employees or shareholders shall
be responsible or liable (including negligence)
for any loss or damage caused or alleged to be caused,
directly or indirectly, as a result of reliance
by any person on any of the information or ideas
contained in, or referred to in this Web site. Independent
professional counselling or advice should be independently
obtained for any problem, situation or occurrence
peculiar to you or in relation to which you wish
to rely.
You expressly acknowledge and agree that Ripe does
not control other users including Members, of this
Web site, the providers of information or ideas
to this Web site or the suppliers of goods and services
purchased from this Web site and Ripe is therefore
not liable for their opinions or their behaviour,
including any information or advice provided by
them or any defamatory statements made by them or
any offensive conduct on their part.
No advice or information, whether oral or written,
obtained by you from or through this Web site creates
any warranty not expressly made in these Terms and
Conditions.
Information on this Web site (including information
relating to products and services) has been prepared
in accordance with Australian law for the supply
of information, products and services in Australia
only. This information may not satisfy the laws
of any other country. To the extent that it does
not satisfy the laws of the country in which you
reside or from which you are accessing this Web
site, it is not directed at you and cannot be relied
upon by you and you are unable to order any products
or services from this Web site. If you do, you agree
to indemnify Ripe for any losses, costs, expenses
or damages Ripe may suffer as a consequence.
LIMITATION OF LIABILITY
None of Ripe, its related bodies corporate, any
of their directors, officers, employees, or shareholders
will in any way be liable for any direct, indirect,
incidental, special or consequential damages (including
in negligence), resulting from your use or your
inability to use this Web site; your reliance on
any information or advice contained on this Web
site or for the cost of procurement of substitute
products or services or resulting from any products
or services purchased or obtained or messages received
or transactions entered into through this Web site
or resulting from unauthorised access to or alteration
of your transmissions or data or of any information
contained on your computer system or on this Web
site, including but not limited to, damages for
loss of profits, use, data or other intangible,
even if Ripe has been advised of the possibility
of such damages.
Where any Act of Parliament implies in these Terms
and Conditions any term, condition or warranty,
and that Act avoids or prohibits provisions in a
contract excluding or modifying the application
of or exercise of, or liability under such term,
condition or warranty, such term, condition or warranty
shall be deemed to be included in these Terms and
Conditions, however, the liability of Ripe for any
breach of such term, condition or warranty shall
be limited, at the option of Ripe, to any one or
more of the following: (a) if the breach relates
to goods: (i)the replacement of the goods or supply
of equivalent goods; (ii) the repair of such goods;
(iii0 the payment of the cost of replacing the goods
or of acquiring equivalent goods; or (iv) the payment
of the cost of having the goods repaired; and (b)
if the breach relates to services: (i) the supplying
of the services again; or (ii) the payment of the
cost of having the services supplied again.
MEMBERSHIP
You do not need to register as a Member in order
to purchase products and services from this Web
site. Membership is free and does not obligate you
to purchase anything. You will however, be responsible
for any tax, duty or similar liability arising from
any Membership benefit that you receive or become
entitled to.
Membership is non-transferable. You may change
your information on an existing membership account
only to update your membership account.
Ripe may terminate your Membership and any Membership
program at any time. You may terminate your Membership
by sending a written notice or an email to Ripe.
Termination of your Membership only becomes effective
upon actual receipt by Ripe of your notification
of termination.
TERMINATION
Your ability to purchase products and services from
this the Web site may be terminated at any time
by Ripe without notice. All restrictions, licenses
and the like granted by you and all disclaimers
and limitations of liability by Ripe will survive
termination.
Should you object to any of these Terms and Conditions
(including any subsequent amendments), you must
immediately discontinue use of this Web site.
SECURITY
Under accepted codes of conduct operating within
the banking industry, your bank cannot hold you
liable for more than $50.00 of fraudulent charges,
unless your actions have contributed to the unauthorised
use of your credit card.
In the event of unauthorised use of your credit
card, you must notify your credit card provider
in accordance with its reporting rules and procedures.
Once you become a Member, you will receive a password.
You are entirely responsible if you do not maintain
the confidentiality of your password. Furthermore,
you are entirely responsible for any and all activities,
which occur under your email address and password.
You agree to immediately notify Ripe of any unauthorised
use of your email address or any other breach of
security that you become aware of.
LINKS TO OTHER WEB SITES
This site contains links to Web sites maintained
by other companies and organisations. Ripe does
not make any representation as to the accuracy of
information contained on those Web sites and will
not accept any responsibility for the accuracy,
ownership or any other aspect of the information
contained on those Web sites.
This Web site also contains third party advertisements
(including banner ads and referral buttons) which
contain embedded hyperlinks to Web sites operated
by third parties. All third party advertising is
paid for by the relevant third party advertisers
and the placement of third party advertisements
on this Web site does not constitute a recommendation
or endorsement by Ripe of the products or services
advertised. The third party advertiser is solely
responsible to you for any representations or offers
made by it and for the delivery of any goods or
services you agree to purchase from any third party
Web site.
COPYRIGHT
Unless otherwise indicated, copyright in the information
on this Web site is owned by Ripe. All rights are
reserved.
You may download a single copy of the information
on this Web site and, where necessary for its use
as a reference, keep a temporary copy in your computer's
cache and make a single hard copy of that information.
Except as permitted under the Copyright Act 1968
(Cth) or other applicable laws, no part of the information
contained on this Web site may be otherwise reproduced,
duplicated, copied, sold, re-sold, adapted, performed
in public, transmitted in any form by any process
(graphic, electronic or mechanical, including further
copying, recording, taping or by a storage and information
retrieval system) or otherwise exploited for any
commercial purpose without the specific prior written
consent of Ripe.
If you believe that you own the copyright in any
work and that work is displayed on this Web site
without your consent, please contact Ripe and your
complaint will be investigated.
THIRD PARTY COPYRIGHT AND TRADEMARKS
Third party names, logos and icons identifying third
party products and services referenced herein are
trademarks or registered trademarks of their respective
owners. All other product and/or brand or company
names mentioned herein are copyrights and/or trademarks
of their respective owners.
COMMENTS AND CHAT ROOMS
Ripe enables visitors to its sites to post reviews
of and comments on this Web site. If you post reviews
or comments on this Web site, you grant to Ripe,
its related bodies corporate, its directors, officers
and employees a non-exclusive, royalty free, perpetual,
irrevocable and fully sub-licensable right to use,
reproduce, modify, adapt, publish, translate, create
derivative works from, distribute and display such
reviews and comments throughout the world in any
media. You expressly waive in favour of Ripe and
any other person authorised by Ripe all moral and
similar rights in any jurisdiction which you have
or acquire in respect of such reviews and comments.
You also grant to Ripe and its related bodies corporate,
directors, officers, employees and sub-licensees
the right to use and publish your name, which you
will be required to submit with any review or comment,
in connection with that review or comment. You agree
not to post any review or comment that contains
any unlawful, criminal, threatening, abusive, defamatory,
obscene, vulgar, pornographic, profane or indecent
information or material of any kind or which violates
or infringes upon the rights of any person. If you
do, you agree to indemnify Ripe for any losses,
costs, expenses or damages that Ripe may suffer
as a result.
This Web site is to be used solely for personal
use. Any commercial use of this Web site without
prior written consent from Ripe or any of its related
bodies corporate is prohibited. You agree not to
use Ripe for chain letters, junk mail, 'spamming',
solicitations or mass communications of any kind,
including, without limitation, distribution lists
to any person who has not given specific permission
to be included in such lists. Ripe reserves the
right to delete any such material that it considers
in its absolute discretion to be inappropriate.
VIRUS WARNING
Ripe does not represent that any information (including
any file) obtained from or through this Web site
is free from computer viruses or other faults or
defects. It is your responsibility to scan any such
information for computer viruses. Ripe will not
be liable to you or to any other person for any
loss or damage (whether direct, indirect, consequential
or economic), however caused and whether by negligence
or otherwise, which may result directly or indirectly
from any such information. To the extent that any
applicable law that cannot be excluded imposes any
liability on Ripe, that liability shall be limited
to the cost of re-supplying that information.
RELEASE AND INDEMNITY
You hereby waive, release, forgive, discharge and
relinquish any and all claims that you now have
or may have in the future against Ripe, its related
bodies corporate, directors, employee, agents and
representatives which are connected with, arise
out of, relate to or are incidental to any transaction.
You hereby agree to indemnify, defend and hold
Ripe, its related bodies corporate, directors, employees,
agents and representatives harmless from and against
any and all claims, loss, damage, tax, liability
and/or expense that may be incurred by Ripe, its
related bodies corporate, directors, employees,
agents and representatives arising out of or in
connection with the performance of its duties as
described in these Terms and Conditions including
the legal costs, fees and expenses of defending
itself against any claim by any or all of the parties
to any transaction and/or by any other person and/or
as a result of you taking any action or refraining
from taking any action or instituting or defending
any action or legal proceeding.
You further agree to indemnify and hold Ripe, its
related bodies corporate, directors, employees,
agents and representatives harmless from any claim
or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of
your use of this Web site, the violation of these
Terms and Conditions by you, or the infringement
by you, or other user of this Web site using your
user ID, of any intellectual property or other right
of any person or entity.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
From time to time, Ripe will communicate, via email,
items that may be of interest to you as a Member
or as a user of this Web site if and only if you
have agreed upon registration or subsequently to
receive such emails. Ripe may also sell or make
available to advertisers online advertising using
the pages of this Web site. You may enter into correspondence
with or participate in promotions of the advertisers
showing their products on this Web site. Any such
correspondence or promotions, including the delivery
of and the payment for goods and services, and any
other terms, conditions, warranties or representations
associated with such correspondence or promotions,
are solely between the you and the advertiser. Ripe
assumes no liability, obligation or responsibility
for any part of any such correspondence or promotion.
You agree to pay all sales taxes goods and services
taxes, personal property or other governmental tax
or levy imposed on goods or services (if any) that
you purchase.
APPLICABLE LAW
These Terms and Conditions shall be governed by
and construed in accordance with the laws of the
State of New South Wales, Australia. You and Ripe
agree to submit to the exclusive jurisdiction of
the courts of the State of New South Wales, Australia
and any courts of appeal.
If any provision(s) of these Terms and Conditions
is held by a court of competent jurisdiction to
be contrary to law, then such provision(s) shall
be construed, as nearly as possible, to reflect
the intentions of the parties with the other provisions
remaining in full force and effect.
Ripe's failure to exercise or enforce any rights
or provisions of these Terms and Conditions shall
not constitute a waiver of such right or provision
unless acknowledged and agreed to by Ripe in writing.
GENERAL
The products and services offered for sale by Ripe
are only available to individuals who can make legally
binding contracts. The products and services are
not available to persons under the age of 18 years
old and any other persons who are legally prohibited
from entering into binding contracts.
Any party engaging in illegal activities involving
the use of this Web site will be subject to civil
and criminal prosecution. Ripe cannot guarantee
that it will be able to prevent any illegal or inappropriate
use of this Web site, nor can Ripe guarantee that
it will give advance notice or warning of any illegal
or inappropriate use of this Web site.
USE OF THE SITE
In order to utilise the full facilities of the RIPE
site, users are required to provide a username, password
and email address. Neither the Administrators of the
site and message boards, or the Moderators participating,
are responsible for the privacy practices of any user.
Remember that all information that is disclosed in
these areas becomes public information and you should
exercise caution when deciding to share any of your
personal information. Any user who finds material
posted by another user objectionable is encouraged
to contact us via email. We are authorized by you
to remove or modify any data submitted by you to this
site for any reason we feel constitutes a violation
of our policies, whether stated, implied or not.
This site may contain links to other web sites
and files. We have no control over the content and
can not ensure it will not be offensive or objectionable.
We will, however, remove links to material that
we feel is inappropriate as we become aware of them.
These forums give users two options for changing
and modifying information that they provide in their
profile:
- Users can login with their username and password
to change any information in their profile.
- In case of lost password, users can send an
email to RIPE
Admin.
Cookies must be turned on in your browser to participate
as a user in these forums. Cookies are used here
to hold your username and password and viewing options,
allowing you to login.
By pressing the "Agree" button that you,
the user, are 13 years of age or over. You are fully
responsible for any information or file supplied
by this user. You also agree that you will not post
any copyrighted material that is not owned by yourself
or the owners of this site including the message
boards. In your use of this site, you agree that
you will not post any information which is vulgar,
harassing, hateful, threatening, invading of others
privacy, sexually oriented, or violates any laws.
If you do agree with the rules and policies stated
in this agreement, and meet the criteria stated
herein, proceed to press the "Agree" button
below, otherwise press "Cancel".
If you have any questions about these terms &
conditions, our privacy policy or the use of this
site, you can contact the site administrator at:
RIPE Admin
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